March 14, 2011

Apple Files for Apple Logo Trademarks Once used by the Beatles

Apple Corps had won two previous trademark infringement cases against Apple Inc. in the years 1981 and 1991 respectfully. Their third case against Apple Inc., which was filed in 2003, ended up in a legal settlement in 2007. In that settlement, Apple Corps sadly lost their legal rights to their famed Granny Smith Apple Logos to Apple Inc. Sometimes, the spoils of legal wars are painful. On a happier note however, the Beatles music was finally brought to iTunes on November 16, 2010. To ensure final ownership of the famed Apple logos, Apple Inc. has filed a pair of trademark applications with the European Trademarks Office under 14 International Classifications covering such matters as computer hardware, online social networking services, mobile phones, musical instruments, games, clothing/headgear, advertising, education and broadcasting.

Of course the basic coverage for these trademarks didn't suit Apple Inc.'s legal team requirements and so they've filed an extensive, if not exhausting list of items to be covered under each classification. Painfully, for the record, the following is formally what Apple Inc. has filed in their European trademark application filings:

International Class 014:Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; horological and chronometric instruments.

International Class 018: Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery.

International Class 025: Clothing, footwear, headgear.

International Class 028: Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees; toys; playing cards; electronic hand-held game units; musical toys, games and playthings; toy audio apparatus; toy musical boxes; toy musical instruments; toy record players for playing tunes and cassettes; musical games; battery operated toys; electronic toys; electric computer games, other than those adapted for use with television receivers; electrical and electronic amusement apparatus (automatic, coin/counter freed); electronic games being automatic, coin-freed or counter-freed (other than those adapted for use with television receivers); hand-held electronic games and apparatus (other than those adapted for use with television receiver only); video games other than those adapted for use with television receivers only; automatic and coin-operated amusement machines; computer game apparatus other than coin operated or those adapted for use with television receivers; video output toys and games; electronically operated toys; interactive computer toys and games; musical toys and games; stand alone video game machines incorporating a means of display; toy handheld electronic devices; toy computers (not working); toy mobile telephones (not working); parts and fittings for all the aforesaid goods.

International Class 035:Advertising; business management; business administration; office functions; providing office functions; business consulting services; advertising agency services; advertising and marketing services; promotion services; advertising and marketing consultation; sales promotion services; promoting the goods and services of others; conducting market research; market surveys; analysis of advertising response and market research; design, creation, preparation, production, and dissemination of advertisements and advertising material for others; media planning services; administration of consumer loyalty programs; arranging and conducting incentive rewards programs to promote the sale of goods and services; arranging and conducting of commercial, trade and business conferences, shows, and exhibitions; creating indexes of online information, sites and other resources available on global computer networks for others; providing an online searchable database of text, data, image, audio, video, and multimedia content in the field of entertainment featuring music, video, film, books, periodicals, television, games, and sports; providing an online searchable database of text, data, image, audio, video and multimedia content in the fields of computer hardware, computer software, consumer electronics, telecommunications and multimedia goods, mobile phones, handheld mobile digital electronic devices, and other consumer electronics and accessories, peripherals, and carrying cases for such products; providing business and commercial information over computer networks and global communication networks; business services, namely, providing computer databases regarding the purchase and sale of a wide variety of products and services of others; business services, namely, dissemination of advertising for others via computer networks and global communication networks; compilations of directories for publishing on the Internet and other electronic, computer and communications networks; computerized database and file management; data processing services; retail store featuring computer, electronic and entertainment products; retail store and online store services featuring computer, electronic and entertainment products provided via the Internet and other computer, electronic and communications networks; retail store and online store services in the field of computers, tablet computers, computer hardware, computer software, computer peripherals, consumer electronics, telecommunications and multimedia goods and accessories, mobile phone, handheld mobile digital electronic devices, and other consumer electronics and accessories, peripherals, and carrying cases for such products, and demonstration of products relating thereto; retail store services in the field of computers, tablet computers, computer hardware, computer software, computer peripherals, consumer electronics, telecommunications and multimedia goods and accessories, mobile phone, handheld mobile digital electronic devices, and other consumer electronics and accessories, peripherals, and carrying cases for such products, and demonstration of products relating thereto, provided via the Internet and other computer, electronic and communications networks; retail store services in the field of entertainment featuring music, video, film, books, magazines, periodicals, newsletters, journals and other publications on a wide range of topics of general interest, television, games, sports, movies, television programs, sporting events, musical works, pre-recorded audio and audiovisual works and related merchandise, and music related electronic products; retail store and online store services in the field of entertainment featuring music, video, film, books, magazines, periodicals, newsletters, journals and other publications on a wide range of topics of general interest, television, games, sports, movies, television programs, sporting events, musical works, pre-recorded audio and audiovisual works and related merchandise, and music related electronic products, provided via the Internet and other computer, electronic and communications networks; retail store services featuring telecommunications apparatus, mobile phones, handheld and mobile digital electronic devices for the sending and receiving of telephone calls, faxes, electronic mail, video, instant messaging, music, audiovisual and other multimedia works, and other digital data, accessories, peripherals, and carrying cases for such devices; retail store services featuring computer, electronic and entertainment products, telecommunications apparatus, mobile phones, handheld mobile digital electronic devices, tablet computers, music related electronic products, and other consumer electronics, computer software, and accessories, peripherals, and carrying cases for such products, provided via the Internet and other computer, electronic and communications networks; product demonstrations provided in-store and via communications networks and other electronic and communications networks; the bringing together, for the benefit of others, of a variety of service providers, in the fields of on-line services, online education and entertainment, communications, information technology, and publishing services, allowing third parties to conveniently select the service providers; computerized data storage and retrieval services; computerized data storage and retrieval services for digital text, data, image, audio, video and multimedia content; and video works; data storage of electronic music; online music and video subscription services; subscription services, namely, providing subscriptions to text, data, image, audio, video, and multimedia content, provided via the Internet and other electronic and communications networks; subscription services, namely, providing downloadable pre-recorded text, data, image, audio, video, and multimedia content in the fields of entertainment featuring music, video, film, books, periodicals, television, games, sports and computer software for a fee or pre-paid subscription, provided via the Internet and other computer, electronic and communications networks; internet services, namely, creating indexes of information, sites and other resources available on global computer networks and other electronic and communications networks for others; searching, browsing and retrieving information, sites, and other resources available on global computer networks and other electronic and communications networks for others; organizing content of information provided over a global computer network and other electronic and communications networks according to user preferences; online music subscription services; creating indexes of information, sites and other resources available on global computer networks for others; information, advisory and consultancy services relating to all the aforesaid.

International Class 042: Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software; computer hardware and software consulting services; technical support services, namely, troubleshooting computer hardware, computer peripheral, computer software and consumer electronic devices; installation, updating, maintenance and repair of computer software; technical consulting in the field of computers, tablet computers and consumer electronics; computer, tablet computer and consumer electronic diagnostic services; consulting services in the field of selection, implementation and use of computer hardware, computer software and consumer electronic systems for others; computer data recovery; consulting services in the field of selection, implementation and use of computer hardware and computer software for the operation of consumer electronic systems for others in the nature of audio, audiovisual and home and portable entertainment systems and devices; technical consulting in the field of consumer electronics, namely, audio, audiovisual and home and portable entertainment systems and devices; consulting services in the field of selection, implementation and use of computer hardware, computer software and consumer electronic systems for others, namely audio, audiovisual and home and portable entertainment systems and devices; rental of computer hardware and software apparatus and equipment; multimedia and audio-visual software consulting services; computer programming; support and consultation services for developing computer systems, databases and applications; graphic design for the compilation of web pages on the Internet; information relating to computer hardware or software provided on-line from a global computer network or the Internet; creating and maintaining web-sites; development of multimedia websites; hosting the web-sites of others; providing search engines for obtaining data via communications networks; application service provider (ASP) services featuring computer software; application service provider (ASP) services featuring software for authoring, downloading, transmitting, receiving, editing, extracting, encoding, decoding, displaying, storing and organizing text, graphics, images, and electronic publications; application service provider (ASP) services featuring software for use in connection with online music subscription service, software that enables users to play and program music and entertainment-related audio, video, text and multimedia content, and software featuring musical sound recordings, entertainment-related audio, video, text and multimedia content; providing temporary internet access to use on-line non-downloadable software to enable users to program audio, video, text and other multimedia content, including music, concerts, videos, radio, television, news, sports, games, cultural events, and entertainment-related programs; providing search engines for obtaining data on a global computer network; operating search engines; computer consulting and support services for scanning information into computer discs; creating indexes of online information, sites and other resources available on global computer networks for others; information, advisory and consultancy services relating to all the aforesaid.

International Class 045: Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals; online social networking services; providing a social networking website.

No priority claims were listed on these applications. Apple's European applications are noted as being numbers 009805631 and 009805763. The applications are noted as being filed last Friday though they were only published publically online this morning, March 14, 2011. It should be noted that In 2007, I posted a report covering Apple's initial trademark filing for these Granny Smith logos while reporting for another site. That report only covered six International Classifications: 09, 16, 35, 38, 41 and 42. This report illustrates that Apple has extended their coverage by another eight classes in order to cover important new developments such as the iPhone, the iPad, social networking and more.

Notice: Patently Applepresents only a brief summary of new trademarks with associated graphic(s) for journalistic news purposes as each such trademark is revealed by the U.S. and/or other foreign Patent & Trademark Offices. Readers are cautioned that the full text of any patent and/or trademark applications and/or grants should be read in its entirety for further details. About Comments:Patently Apple reserves the right to post, dismiss or edit comments.

For other "Apple" brand related trademark filings in 2011, see One and Two. For other general Apple trademarks, see our Trademark Archives. .

In Other News Today - The UK's Independent is reporting today that the iPhone 5 won't be introducing NFC with iWallet capabilities this year. We had noted this possiblity in our November 2010 report. We noted that NFC would likely show up in the iPhone over the next 12 - 36 months. One of the key holdbacks to such a development is that 4G networks will have to be firmly in place, at least in North America, if this is take off. The traffic for iWallet based financial transactions will be staggering. The iWallet is coming. It's just going to take a little more time building out the network to handle the traffic and realtime security. For the latest news about Apple's NFC patent applications, see our Archives.

Comments

@ DeRS

On your First Point: Poor decisions? Northern Songs was formed in 62 or 63... you forget (or are unaware) of what a novelty it was for band members at that point to compose their own music. These were two hungry young men that were part of a group seeking fame and fortune. When you're from the middle/lower-middle class of Liverpool in the pre-internet age, what do you know of song publishing? You listen to your new manager... you act as if they could have said "Listen buddy... you don't realize who you're dealing with! We're going to be the greatest songwriters in the history of popular music! You play by OUR rules!" The deal they made was standard for the time.

On your Second Point: He did not sell it off. The owner of Northern Songs sold it off, without their knowledge or participation. The people that made that deal are the ones who sold to Sony/MJ.

On your Last Point: Yoko did not create any of these songs...McCartney did! Don't you think that gives him the right to be more "bitchy"? To see a mediocre musician like Michael Jackson own music that came out of his (McCartney's) own head?

@DeRS: The Beatles (individually or together) never fully owned the publishing on material from their classic output (1960-1970). The surviving members and the estates of the deceased members continue to receive publishing royalties based on the shares originally negotiated. In other words, while they don't own their songs 100%, their percentage of the take still brings in a LOT of money for them.

@ MarcM - The Answer is found in Wikipedia: "On 5 February 2007, Apple Inc. and Apple Corps announced a settlement of their trademark dispute under which Apple Inc. will own all of the trademarks related to “Apple” (including all designs of the famed 'Granny Smith' Apple Corps Ltd.)and will license certain of those trademarks back to Apple Corps for their continued use."

Does this mean that future Beatles product will be sans apple? Do they have to licence it from Apple Inc.? I've got the Beatles Stereo USB in the nifty metal packaging. Does this mean things like this won't happen anymore?

@Mark. I appreciate your honest view point. However, I truly believe that this is likely a "legal" move on Apple's part to establish that the logo is there's via their court case with Apple Corp who tried to sue Apple Inc for the third time. I believe that Apple is protecting the old Apple Corp logo. Not for their own use, I believe, but legal reasons only so that it's defendable should someone try to sue Apple in the future for their own branding.

Although I am a huge fan of Apple Inc's fantastic products, I hate the arrogance and corporate greed which the company demonstrates by pursuing the Apple logo. Apple has it's own graphical representation, which is now burnt into the retinas of the technocracy. The Apple logo and, especially the cut in half version are, and always will be synonymous with the Beatles.

Enough is enough, Apple Inc. Don't forget that we, the Baby Boomers of the 1960's, are your biggest market sector, in terms of purchasing power. It doesn't pay to alienate your loyal customers.

@RobertKCole: yes, Beatles could not keep their own publishing (due to poor decisions), and even when ATV Music Publishing went on sale last time back in 1985, Paul MacCartney, who was the first one to receive a buyout offer, declined to raise the pay once seller also found Michael Jackson interested in the catalogue.

After that, it was really pathetic to have MacCartney moaning for years that he has to pay for his own songs to Michael Jackson. First of all, why did he mess with his own share of the catalogue initially, selling off all of it? And, second, why he was greedy to offer more value for the catalogue back in 1985 (he had more than enough money)?

Now ATV MP is part of the merged Sony/ATV Music publishing, and neither Jackson's Estate, nor Sony are going to sell anything to the remaining members of Beatles or their relatives.

For the record, Yoko Ono was never as b*tchy as MacCartney was, clearly understanding circumstances of what happened to the catalogue. And she always had dignity with her respect to Jackson (both when he was alive and crucified, and when he was dead and respected).

While undeniably old news as the court settlement took place in 2007, it closes a chapter in the storied mess of "The Beatles" as a business.

While fundamentally a method to retain artistic control and reduce personal tax exposure, John Lennon described the objective as follows in the 1968 press conference announcing the formation of Apple Corps:

Question "What is Apple, John?"

John "It's a business concerning records, films, and electronics. And as a sideline, whatever it's called... manufacturing, or whatever. But we want to set up a system whereby people who just want to make a film about (pause) anything, don't have to go on their knees in somebody's office. Probably yours."

Later, on The Tonight Show, he further elaborated, "So we've got this thing called 'Apple' which is going to be records, films, and electronics – which all tie up."

In 1968, that was revolutionary thinking, foreshadowing not only the integration of media and technology, but the undermining of the music business by financially driven record labels.

30+ years later, that is a pretty good categorization of new media business drivers.

While The Beatles were true artistic visionaries, they rarely executed on the business side, most notably failing to regain control of their own song publishing catalog, despite right of first refusal opportunities.

So, with Apple Inc's finally gaining control of the Granny Smith logo across an expansive scope of classes, maybe the lyrics to Abbey Road's "The End" should have read: "And in the end, IP you take, is equal to the cash you make."